Finance

A variety of public and private programs are in place to provide financing alternatives to growing and relocating companies. We offer competitive industrial and commercial financing programs, tax incentives and assistance plans with an eye toward long-term, low down-payment packages. Best of all, we will customize a financing package to meet your individual needs.

KANSAS’ BUSINESS FINANCE PROGRAMS

Promoting Employment Across Kansas

Promoting Employment Across Kansas (PEAK) allows for-profit qualified companies that are creating net, new jobs in Kansas to retain or receive quarterly refunds for 95 percent of the payroll withholding tax for up to a period of 10 years for the new “PEAK Jobs” that are paying at or above the county median wage. A not-for-profit company that qualifies as a headquarters and is approved by the Secretary of Commerce is also eligible for benefits providing all other program criteria is met. PEAK is available for full-time and part-time jobs that work 20 hours or more per week, year-round. (See K.S.A. 74-50, 210 through 74-50,219)

The qualifying wage standard is the county median wage or regional North American Industrial Classification System (NAICS) average wage. An average wage for PEAK Jobs may be used to qualify for limited benefits In addition, eligible applicants must make available to full-time employees adequate health insurance coverage and pay at least 50 percent of the premium for full-time employees. The Secretary of Commerce is designated to determine the eligibility and approve the benefits of companies qualifying for the PEAK program.

PEAK for new jobs includes two types of projects: Basic and High Impact

Basic: At the time of application, all PEAK jobs must be paid an aggregate annual median wage of at least 100 percent of the most recently published annual median wage for the county in which the project will locate in Kansas. An average wage for PEAK Jobs may be used to qualify; however, qualifying through the use of the average wage limits the benefits received. A minimum of five jobs (in non-metropolitan counties) or 10 jobs (in designated metropolitan counties of Douglas, Johnson, Sedgwick, Leavenworth, Shawnee or Wyandotte) must be hired within two years from the PEAK agreement date.

For a PEAK Basic project, the Secretary can approve up to 7 years for the retention/refund of payroll withholding tax of PEAK-Eligible jobs.

High Impact: To qualify, companies shall meet the minimum program requirements as outlined above for a Basic project, but firms must also locate a minimum of 100 jobs within two years from the PEAK agreement date. For a PEAK High Impact project, the Secretary can approve up to 10 years for retention/refund of payroll withholding tax of PEAK-Eligible Jobs.

Companies using a median wage equal to or greater than the regional NAICS industry average wage standard to qualify may receive a refund or retain 95 percent of payroll withholding taxes for PEAK-Eligible Jobs, for a period of up to five years, if approved by the Secretary.

The PEAK program also has a limited amount of funds available for qualifying business retention projects. The funding available for PEAK retention projects has been extended through 2018.

PEAK Jobs identified as PEAK-Eligible are excluded from participating in other statutory withholding tax diversion programs, e.g. Kansas Bioscience Authority; however, under certain conditions, the Secretary can approve bioscience companies for participation. Additionally, wages of PEAK-eligible jobs are excluded when computing job tax credits under the research and development tax credit program. Qualified companies shall not retain or seek a refund of withheld taxes on any PEAK-Eligible Job participating in the Kansas Rural Opportunity Zones (ROZ) Income Tax Credit Program.

Unless qualified as a headquarters or administrative/back office and approved by the Secretary of Commerce, the following NAICS assignments are ineligible: 7132 (Gambling Industries), 8131 (Religious Organizations), Sectors 44 & 45 (Retail Trade), 61 (Educational Services), 92 (Public Administration) or 221 (Utilities including water & sewer services), Subsector 722 (Food Services and Drinking Places); companies delinquent in the payment of taxes to any federal, state and/or local taxing entities; companies under the protection of the federal bankruptcy code are also ineligible.

Companies wishing to participate need to contact and work through a Commerce Field Manager before completing and submitting an application. The Secretary of Commerce is designated to determine the eligibility and approve benefits of companies participating in the PEAK program. Applications are accepted throughout the year and need to be submitted within 180 days of the company’s announcement to Commerce of their decision to locate a business to Kansas. Applications must be received by Commerce prior to the company hiring the PEAK jobs/employees. Eligible applicants will file quarterly and annual reports to continue eligibility for the program.

Industrial Revenue Bonds

Industrial Revenue Bonds (IRBs) are among the most popular and cost-effective methods of financing up to 100 percent of a new or growing business’ land, buildings and equipment. In Kansas, IRBs are issued by cities, counties and the Kansas Development Finance Authority. Proceeds from the sale of the bonds to private investors are made available to enable creditworthy companies to purchase land and pay the costs of constructing and equipping new facilities or the costs of acquiring, remodeling and expanding existing facilities. If IRBs are used to finance certain types of facilities, interest payable to the owners of the bonds is exempt from federal income tax. This type of IRB is generally called a “tax-exempt” bond. Interest payable on bonds issued to finance other types of commercial facilities, or to finance non-qualifying portions of an eligible facility, is subject to federal income taxation. This type of IRB is generally called a “taxable” bond. Interest payable on all IRBs is exempt from Kansas income taxation. Because interest received by owners of tax-exempt IRBs is not subject to federal income taxation, the rate of interest on such bonds may be as much as 2.0 to 2.5 percent (average annual interest cost) below interest rates charged for a comparable taxable bond or taxable conventional loan. In many cases, IRBs afford long-term, fixed-rate financing not otherwise available for a business’ capital investments. Adjustable rate financing is also available to businesses that are willing to risk exposure to fluctuating (and potentially higher) interest rates.

In IRB financing, the bond issuer either directly loans the bond proceeds to a private business or acquires ownership of the property financed and leases it to the business. The loan payments or lease rentals are used to repay the bonds with interest. Typically, in a lease structure, the business is given an option to purchase the property at the end of the lease term for a nominal sum. Proceeds from the sale of the bonds are placed in escrow with a bank and used as directed by the business to pay eligible costs of constructing, acquiring and installing the facilities. The business may have up to three years to spend the proceeds of tax-exempt bonds on eligible property.

One benefit of IRBs issued by cities and counties is eligibility for full or partial property tax abatement for the financed facilities for up to 10 years and a sales tax exemption for labor and materials purchased for new facilities. These benefits apply to both tax-exempt and taxable bonds.

Issuance of IRBs by cities and counties is governed by Section 12-1740 et seq. of the Kansas Statutes Annotated. Kansas Development Finance Authority bond issuances are governed by Section 74-8901 et seq. Many bond issuers also have their own policies and regulations regarding issuance of IRBs and the granting of property and sales tax exemptions for the financed facilities.

Projects Eligible for Tax-Exempt Financing

Under current federal tax law, specific projects eligible for tax-exempt financing include manufacturing facilities; airports, docks and wharves; mass commuting facilities; certain facilities for furnishing water, sewage and solid waste disposal; qualified residential projects; local district heating and cooling facilities; facilities furnishing electricity or gas on a local basis; high-speed inter-city rail facilities and certain hazardous waste disposal facilities. The use of tax-exempt bonds for manufacturing continues to be subject to restrictions as to the size of the financing, what may be purchased with the bond proceeds and the amount of issuance costs that may be paid from bond proceeds.

Under Kansas law, taxable bonds may be issued for agricultural, commercial, hospital, industrial, natural resources, recreational development and manufacturing.

Customized Lease Agreement

Under a typical IRB issued by a city or county, a company enters into a lease of the facility from the bond issuer (the Kansas city or county where the financed facility is located). The rental payments are used to pay the principal and interest to the bondholders. When all bonds have been paid, the company may exercise an option to purchase the project for a nominal price, such as $100. The bonds are not general obligations of the issuer, payable from taxation; rather, they are sold on the strength of the company’s ability to pay principal and interest when due.

The basic security agreement for bondholders is a net-net-net lease. The lease is a company’s unconditional obligation to pay the bonds and interest through specified payments throughout the term of the lease. Because the financing is a lease/purchase, the company can take advantage of applicable depreciation guidelines, receive available tax credits and deduct interest payments as a business expense. The bond issuer does not exercise control over any aspect of the building’s construction or the company’s operations. During the term of the bond issue and within specified limits, a company may make structural changes to the building, replace equipment and machinery and even sell portions of the land no longer needed for future expansion.

Most bonds are structured to be repaid over 10 to 15 years. Principal repayment terms are flexible and can be structured to meet your company’s specific cash flow needs. Availability of bond financing will depend entirely on the creditworthiness of your company, as determined by the prospective purchaser of the bonds.

Property and Sales Tax Exemption

Whether your property is financed through tax-exempt or taxable IRBs, Kansas law (K.S.A. 79-201a) permits exemptions for your project from ad valorem (real and personal) property taxation for up to 10 years, commencing with the year after the year the bonds are issued. Cities and counties often require that all or a portion of the abated taxes be made available to local taxing jurisdictions in the form of payments in lieu of taxes. However, nearly every IRB issuer will provide property tax abatements to your company as an additional incentive to locate in the community. Unlike real property and real property improvements, business personal property acquired after July 1, 2006, is not subject to ad valorem personal property tax. Statute K.S.A. 79-3606 exempts the cost of building material and labor, as well as fixed items of machinery and equipment, from state and local sales taxes.

Simple Application Process

Most issuers use a simplified form to apply for IRBs. In some cases, it doubles as the form used to apply for property tax abatements.

Getting Your Bonds Issued

The bond issuance process can take as little as 60 days and generally follows these steps:

Select a bond attorney, an underwriter or other bond purchaser and secure an option to purchase a building site.

Apply to the city or county or Kansas Development Finance Authority for an IRB issue.

The governing body adopts a resolution of its intent to issue bonds for the company.

For a project qualifying for tax-exempt bonds, the issuer notifies the Kansas Department of Commerce of its adoption of the resolution of intent and files its application for private activity bond allocation.

Negotiate the terms and conditions of the bonds and the financing with a bond underwriter or other bond purchaser (such as a commercial bank) and prepare any required bond-offering document.

If an ad valorem tax exemption is offered by the issuer, the local school districts and city or county government are notified as applicable.

The issuer holds a public hearing concerning the bond issue and the granting of a property exemption, if applicable.

A bond attorney drafts the lease agreement, the indenture of trust, the bond ordinance and the company’s guarantee agreement.

The governing body adopts the bond ordinance.

An IRB notice is filed with the Kansas Board of Tax Appeals ( BOTA) at least seven days prior to issuance of the bonds.

The basic documents are executed (signed) by the issuer and the company.

The bond closing is held and funds are paid by the underwriter or the purchaser against the delivery of the bonds.

Proceeds are deposited into an account maintained by the trustee to be spent on the project as directed by the company.

The bond attorney notifies BOTA within 15 days of issuance that the bond issue has been closed.

Limitations

A bond issue can provide a manufacturing company with up to $1 million of tax-exempt bonds for a qualifying project, regardless of project size.

A maximum of $10 million of tax-exempt IRBs can be issued for a manufacturing project, as long as a company’s total capital expenditures at the project location do not exceed $20 million for a period of three years before and after the bond issue, including the amount of the bonds issued. If the $20 million limit is exceeded during the total six-year time frame, either by issuing more than $10 million in bonds or by exceeding the $20 million capital expenditures limitation, the tax-exempt status is forfeited and the company must redeem the bonds at a premium.

Despite the size restrictions on tax-exempt IRB-financed projects, advantages may still accrue to projects requiring in excess of $10 million. For example, a $15 million project could combine a $10 million tax-exempt bond issue with a $5 million taxable bond issue.

The federal government has placed an annual limit on the amount of tax-exempt IRBs that each state can issue. This limitation is called a “volume cap.” An allocation of volume cap must be obtained for bonds for most privately owned, qualifying facilities. In Kansas, volume cap is allocated by the Secretary of Commerce. Bonds for government-owned solid waste disposal facilities, airports, docks or wharves are not subject to the state volume cap.

A company may not have more than $40 million of tax-exempt IRBs outstanding, nationwide, at any one time. For this purpose, a company is defined as that entity that ultimately benefits from the tax-exempt bonds.

Kansas Bioscience Authority

The Kansas Bioscience Authority (KBA) was created by the Kansas Economic Growth Act of 2004 to accelerate growth in the bioscience sector. Originally designed to be funded by the Kansas income taxes generated by bioscience jobs with a 2019 sunset, KBA has been repositioned as a market-based, self-sustaining venture capital organization with an unlimited future.

KBA invests its own funds, attracts co-investors, consults on the management of its portfolio companies, calls on its network of partners to bring on additional expert resources as needed, and looks to generate a return on, and of, KBA capital.

As KBA prepares to invest more than $100 million in the bioscience sector, it looks to follow founding investors with its own investment in the early-to mid-term growth phase of the company. KBA attracts co-investors who bring added value while supporting the entrepreneur with its own management counsel as well as that of other experts. This approach drives to the successful launch of a company’s innovation and a strong return of, and on, capital for KBA and its co-investors.

Entrepreneurs who work with KBA’s investment team can expect a hands-on, personal approach by industry experts who are energized by the story-how the idea came to be, the state of its technology and the unmet market need.

Community Development Block Grant/Economic Development

The Small Cities Community Development Block Grant (CDBG) economic development program is a source of financing for companies that are expanding an existing facility or starting a new operation in the non-metropolitan areas of Kansas. The maximum amount of funds available is $750,000 per project.

There are two parts to the program: business finance and infrastructure. Under the business finance component, funds are available for working capital, machinery and equipment and real property. The interest rate is currently set at four percent. The term of the loan is based on the class of the asset being financed. The working capital loan has a term of five years, machinery and equipment 10 years and real property 15 years. Under the infrastructure component, funding is available for water lines, sewer lines, roads, rail spurs and pre-treatment facilities. Infrastructure funding requires that 25 percent of the funds be paid back over a 10-year period at a rate of zero percent. This is accomplished through a special assessment placed on the real property.

In order to obtain the funds, the city or county governing body applies on behalf of the private business. Applications are accepted from January 1 through December 10. Funding requires the creation or retention of one full-time job per $35,000 of CDBG assistance up to the maximum of $750,000. At least 51 percent of the jobs created or retained must meet HUD’s low- and moderate-income (LMI) test, which is based on median family income in the county in which the project is located.

Tax Increment Financing

Tax Increment Financing (TIF) is a real estate redevelopment tool applicable to industrial, commercial, intermodal transportation area and residential projects. TIF uses the increases in real estate tax revenues and local sales tax revenues to retire the bonds sold to finance eligible redevelopment project costs (K.S.A. 12-1770 et seq.) or to reimburse the developer on a pay-as-you-go basis.

Monies raised through TIF may be used for eligible redevelopment project costs approved by the city, such as land acquisition, site preparation, infrastructure, parking structures and other related costs. The TIF funding mechanism can be used to finance improvements within the district, and can also extend to certain infrastructure improvements outside the designated district, if those improvements are contiguous to the district and are deemed necessary to implement the development plan. TIF cannot be used for the construction of privately-owned buildings.

Financing is available from the proceeds of bonds issued by the city or on a pay-as-you-go reimbursement. The bonds are primarily secured by the incremental increase in property taxes within the redevelopment district as a result of the new construction or rehabilitation but may, under certain circumstances, also be general obligations of the city. The city may also use franchise fees and local sales taxes generated within the redevelopment district to pay the bonds or finance the project costs.

TIF works for both privately- and publicly-owned land to be sold for redevelopment. Advance developer commitment to construct the project is essential to demonstrate that the TIF revenues will be sufficient.

Businesses have found that TIF offers several distinct advantages. Using TIF generally allows the financing of land acquisition and other eligible costs with tax-free borrowing at generally lower interest costs. To receive the benefits of TIF, generally the site must be in a blighted area, conservation area, pre-1992 enterprise zone, intermodal transportation area or other eligible area.

STAR Bond Financing

A special kind of TIF – Sales Tax and Revenue (STAR) Bonds – was created by the Kansas Legislature. STAR Bonds are used to assist the development of major entertainment or tourism destinations using the sales tax revenues generated by associated retail development. STAR Bonds allow state sales tax revenue generated by the project to be used along with local sales taxes as a source of revenue to retire bonds issued to finance eligible project costs. In metropolitan areas, STAR Bonds can be used only for projects with an anticipated capital investment of $50 million and with at least $50 million in projected gross annual sales. STAR Bond projects in rural areas have no specific financial threshold, but must be of major regional or statewide significance.

Generally, STAR Bond financing is used in connection with large retail projects that contain an entertainment and/or tourism destination.

The creation of a STAR Bond district requires the approval by the Secretary of Commerce.

Community Improvement District

A Community Improvement District (CID) is a real estate economic development tool which can be used to finance public or private facilities, improvements and services within a local city or county. The CID funding mechanism can be used to finance a variety of locally approved development-related activities, including: property acquisition, infrastructure development, parking and building construction within the district, and can also extend to certain infrastructure improvements outside the designated district, if those improvements are contiguous to the district and are deemed necessary to implement the development plan. A CID can derive revenues through special assessments, a district-only sales tax, or other funds as appropriated by the city or county.

Financing is provided through bond issuance or can be project generated on a pay-as-you-go reimbursement basis. Businesses within the district must approve the imposition of a district sales tax or property tax special assessment prior to its establishment. Those sales tax and special assessment proceeds are used to pay off bonds issued and/or contribute to the direct reimbursement of project-related costs. These special district taxes and special assessments have a maximum term of 22 years.

Contacting the local governing body should be a first step if there is interest in considering the establishment of CID to assist in funding project-related needs.

Rural Development, U.S. Department of Agriculture

Business & Industry (B&I) Guaranteed Loan Program – USDA Rural Development (RD) provides loans to businesses with the B&I Program. These loans are for business and industrial development. RD assistance is provided in the form of a loan guarantee of up to 80 percent for loans of $5 million or less and up to a 70 percent for loans from $5-10 million. Applicants apply for loans through private lenders.

Funds from the B&I program may be used to finance business construction, business acquisitions, expansions, machinery and equipment purchases and working capital. A company is required to provide sufficient cash or other assets as an assurance of its commitment to the project’s success and to meet minimum loan requirements.
B&I loans may be made in areas outside the boundary of cities with a population of 50,000 or more.

Rural Economic Development Loans and Grants Program (REDLG)

– This program finances economic development and job creation projects in rural areas based on sound economic plans. Rural Economic Development Loans and Grants are available to any Rural Utilities Service (RUS) electric or telecommunications borrower to assist in developing rural areas from an economic standpoint, to create new job opportunities and to help retain existing employment.

Loans, at zero percent interest, are made primarily to finance business start-up ventures and business expansion projects. Projects should primarily create jobs for rural residents or residents of cities having a population of 50,000 or less. The loan limit to a borrower is $2 million for loan. The loan program can be combined with the grant program if the ultimate recipient meets the eligibility criteria for both the loan and grant funds.

Grants of up to $300,000 are made to these electric and telephone utilities to establish a revolving loan that is operated at the local level by the utility. The revolving loan fund provides zero percent interest loans to nonprofit entities and municipal organizations to: finance community facilities that promote job creation in rural areas, create facilities that extend or improve medical care to rural residents, or develop facilities that promote education and training to enhance marketable job skills for rural residents. Revolving loan funds ultimately provide loans to private for-profit and not for profit entities.

Rural Business Enterprise Grants (RBEG)

– Rural Business Enterprise Grants help eligible entities (public bodies, nonprofit corporations and federally-recognized Indian tribal groups) finance and facilitate development of small and emerging private business enterprises located in rural areas. This includes all areas other than cities of more than 50,000 people and the urbanized area contiguous and adjacent to such a city. Grant funds, which go to an eligible entity as noted above, help provide assistance to small and emerging private business. Projects that are regional in nature, collaborate with local and state resources and display a plan for sustainability are given the highest priority.
RBEG funds may be used for the following activities:

Acquisition and development of land and the construction of buildings, plants, equipment, access streets and roads, parking areas, utility and service extensions and fees for professional services.

Technical assistance and related training.

Start-up costs and working capital and financial assistance to a third party through the establishment of a revolving loan fund by the eligible entity.

Small Business Administration 504 Program

The U.S. Small Business Administration (SBA) 504 Loan Program provides long-term, subordinated, fixed-rate financing for fixed assets, including machinery and equipment with a life of 10 or more years or real estate loans with a maturity of 20 years. Assets appropriate for finance under the 504 program include land and buildings, building renovation and machinery and equipment. The program serves healthy, expanding businesses with a net worth of less than $15 million and average net profits of less than $5 million after taxes over the past two years.

Funded projects usually range between $500,000 and $5 million. The 504 loan can be made for a maximum of $5 million, which can cover up to 40 percent of a project’s cost and works in partnership with local financing institutions. One job should be created or retained for every $65,000 loaned or the project should meet another public policy goal, such as rural development. Projects meeting certain public policy goals may warrant a loan for up to $5.5 million. A state-funded network of Kansas Certified Development Companies (CDCs) assists with the preparation of the application and originates and services the subordinated loan. Other programs may be used in conjunction with 504 loans to provide working capital or fixed-asset financing for larger projects.

Small Business Administration 7(a) Loan Guarantee Program

The U.S. Small Business Administration 7(a) Loan Guarantee Program is the primary SBA mechanism for financing user-owned or user-operated business expansions. The program can also finance the purchase of an existing business or finance a start-up business. The program is used to provide long-term, low-down payment financing for a variety of needs, including fixed assets and working capital. The program operates through private-sector lenders that provide loans that are guaranteed by SBA.

The SBA has no funds appropriated for direct lending or grants.

The SBA may guarantee up to 85 percent of a loan not to exceed $150,000 or 75 percent of a loan up to $5 million. The loan can cover up to 100 percent of an expansion of an existing business and a lesser amount for start-up costs for a new business. The SBA favors requests that include a reasonable equity injection from a company.

User financing applies to activities in which the borrower uses or occupies the assets purchased with the loan. This stipulation disqualifies developers. The 7(a) financing option applies to costs associated with expansion and acquisition of assets, including working capital (usually five to 10 year terms for working capital). The maximum term for loans on machinery and equipment is 10 years, although they are usually five to seven years in length. The term of loans for renovation, remodeling and lease hold improvements is generally less than 10 years, and those for new construction and land acquisition may extend up to 25 years.

For-profit businesses are eligible for loan guarantees, subject to certain size standards that vary according to business types.
General size limitations are listed below:

Manufacturing – maximum number of employees may range from 500 to 1,500, depending on the product being manufactured. Wholesaling – maximum number of employees may not exceed 100. Service – sales may not exceed $3.5 million to $29 million, depending on the industry. Retailing – sales may not exceed $5 million to $24.5 million, depending on the industry. Agriculture – sales may not exceed $750,000 to $9 million, depending on the industry. General Construction – sales may not exceed $17 million to $28.5 million, depending on the industry. Special Trade Construction – average annual receipts may not exceed $7 million to $11.5 million, depending on the industry.

Venture Capital and Angel Networks

There are several regional networks of venture capital and angel investors dedicated to identifying and funding promising start-up business opportunities in Kansas.

Kansas Angel Tax Credits

Kansas income tax credits are available to individuals who provide seed-capital financing for emerging Kansas businesses engaged in development, implementation and commercialization of innovative technologies, products and services.

Network Kansas

NetWork Kansas is devoted to the growth of entrepreneurship and small businesses throughout the state of Kansas. Backed by more than 500 resource partners statewide, the NetWork Kansas service promotes an entrepreneurial environment by connecting entrepreneurs and small business owners with the expertise, education and economic resources they need in order to succeed.

The Kansas Capital Multiplier Fund is a program that provides matching funds through NetWork Kansas partners to eligible businesses in communities across Kansas. These are low-interest matching loan funds of up to nine percent of private investment in a project. Private investment includes new bank loans, lines of credit, and equity investment.

In addition, through the Kansas Capital Multiplier Venture Fund, businesses can apply for matching equity of up to nine percent of the private venture capital invested. Private equity invested includes funds invested by private equity firms and angel investors. Businesses eligible include technology and bioscience companies who are working with university entrepreneurial centers, university centers of excellence, and/or the Kansas Bioscience Authority.

Entrepreneurs and existing small businesses access the Kansas Capital Multiplier Funds by working closely with local or regional financial institutions, NetWork Kansas partners, and angel investment networks.